Australian & German couple, questions abou EEA Family Permit

[eniseg]

Hi everyone!

I'm a German student in Scotland and I have comprehensive sickness insurance in the form of a European Health Insurance Card (EHIC). My future husband is Australian, living in Melbourne. We're planning on getting married in May, and then apply for an EEA Family Permit. We've been told by Commonwealth Immigration, that if the EEA FP is granted before June 23, he will most likely get the Residence Card, too, because EU Law should still apply, regardless of the outcome of the EU Referendum.

From what I've understood is we need to apply online, and then hand in paper copies of the form and all our documents to the VFS Visa Application Centre, Melbourne. Is this true? If so, how long does it take, after online submission, until they give you an appointment there?

When submitting the visa application, did everyone here submit their EU partner's original passports/national ID cards and the original EHIC? As well as the original marriage certificates? Australia provides two marriage certificates, Form 15 (the 'party certificate') and Form 16 (the marriage certificate). Which one did you submit?

With a late May wedding, and about 60 days until you get the Form 16, we were planning to submit Form 15, submit online right away and then get the appointment asap. Is it true that for EEA Family Permits in Melbourne, 100% are processed within 10 days?

Finally, who here has had their EEA FP granted on the first attempt, and how did you do it?

I'm really worried and scared about what will happen with the EU Referendum. We have been together since November 2015, but we are certain we want to spend our future together, in Scotland...

[noajthan]

Note Australia is visa-free for Australians in terms of entry into UK.
So you could just come on over.

Once in UK shoot for RC.

Suggest beef up your sponsor's EHIC with a CSI policy covering the two of you.
That will help keep your sponsor's PR clock running, for both of you, as long as your spouse/sponsor is exercising treaty rights as a student.

[eniseg]

Thank you!

How far does Australian 'visa-freeness' extend? My Australian fiance has a job offer in September, lasting for three years. We were planning to settle here for the next few years. If he just came over, would he be allowed to work? We understood that this was not the case. Similarly, his employer would not accept the youth mobility visa because it only lasts two years.

When he starts his job, he will have CSI cover for the both of us (as of September 2016), so that should help for the permanent residence. Hopefully.

[noajthan]

Thank you!

How far does Australian 'visa-freeness' extend? My Australian fiance has a job offer in September, lasting for three years. We were planning to settle here for the next few years. If he just came over, would he be allowed to work? We understood that this was not the case. Similarly, his employer would not accept the youth mobility visa because it only lasts two years.

When he starts his job, he will have CSI cover for the both of us (as of September 2016), so that should help for the permanent residence. Hopefully.

The visa-freeness gets you through the door. That's all you need it for.

Once in UK don't forget you are being sponsored by your EEA national sponsor/spouse.
That means EU rules kick in, allowing you to reside, work and study to your heart's content.
That's the beauty of free movement.

You appear to have been grossly misinformed about what you can or cannot do - so suggest you get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Remember, once here apply for RC, get your interim COA and you will be laughing.

[eniseg]

Wow! I feel seriously misinformed. We were told to get an EEA Family Permit for my Australian husband.

From what the document you sent says, he really can just walk in and get the residence permit. And then work. At least before the 23 of June...

I'm so sorry for my ignorance but what's the interim CoA?

[noajthan]

Wow! I feel seriously misinformed. We were told to get an EEA Family Permit for my Australian husband.

From what the document you sent says, he really can just walk in and get the residence permit. And then work. At least before the 23 of June...

I'm so sorry for my ignorance but what's the interim CoA?

Well you could get a FP but as Australians are visa-free you don't have to.
Under EU law it doesn't matter 'how' you enter the host country; you don't need a special or particular type of visa. (You don't even have to be 'legal' but best not to go there).

A COA is an interim 'Certificate of Application' that is issued whilst the RC is being processed.
If you are a married couple by then it should confirm the non-EEA applicant's right to work.

[eniseg]

Oh, my God. That's insane!

It's so strange that the UK Government website never mentions this...Thank you so much for pointing this out. I will now go and find out everything I need.

I really hope this will also work after the EU Referendum, that's our greatest worry. We were told if that the EEA family permit needs to be granted before the referendum, because what happens afterwards is insecure.

We will have the CSI for both of us ready by September, when his job starts.

[noajthan]

Oh, my God. That's insane!

It's so strange that the UK Government website never mentions this...Thank you so much for pointing this out. I will now go and find out everything I need.

I really hope this will also work after the EU Referendum, that's our greatest worry. We were told if that the EEA family permit needs to be granted before the referendum, because what happens afterwards is insecure.

We will have the CSI for both of us ready by September, when his job starts.

Welll you are really operating under EU law and EU regulations.
Yes its been transposed into the UK EEA Regulations so there's something about it on Gov UK - but that's just the UK aspect, not the full picture.

All you can do is progress with your marriage and other plans as there is nothing you can do about any Brexit.
(EEA nationals don't have a vote).

Just listen out for the creak of goalposts shifting and be prepared to be flexible.
Viva free movement!

[noajthan]

HO guidance on these vital matters...

Family members:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Qualified Persons:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[eniseg]

Thank you ever so much!

However, the link which you provided for family members says
'Unless a family member holds a qualifying EEA State residence card issued in Germany or Estonia, non-EEA family members of an EEA national seeking entry into the UK must apply for an EEA family permit if they do not have a residence card or permanent residence card.'

My future husband doesn't have a residence card from Germany/Estonia...or is this
'However, it is possible for them to demonstrate their right of admission under EU law at the UK border if they do not have one of these documents.' where my EU free movement right comes into play?

[noajthan]

Thank you ever so much!

However, the link which you provided for family members says
'Unless a family member holds a qualifying EEA State residence card issued in Germany or Estonia, non-EEA family members of an EEA national seeking entry into the UK must apply for an EEA family permit if they do not have a residence card or permanent residence card.'

My future husband doesn't have a residence card from Germany/Estonia...or is this
'However, it is possible for them to demonstrate their right of admission under EU law at the UK border if they do not have one of these documents.' where my EU free movement right comes into play?

What you have quoted doesn't cover the case of a visa-free national.

And, yes you can also wave Directive 2004/38/EC at them plus you passports and marriage certificate.

[eniseg]

Hahahaha, that's exactly what we will do. Wave the papers at them! Wow. Just wow.

Let's hope we can figure Brexit out soon enough and all this works out. Thanks a million!

[noajthan]

Hahahaha, that's exactly what we will do. Wave the papers at them! Wow. Just wow.

Let's hope we can figure Brexit out soon enough and all this works out. Thanks a million!

This Border Force manual will help you get you into the head of the IO at the border - see section 5.5:
https://www.whatdotheyknow.com/request/ ... ndents.pdf